MATTER OF BERRY


264 A.D.2d 923 (1999)

695 N.Y.S.2d 209

In the Matter of the Claim of KATHRYN M. BERRY, Respondent. E.J. NOBLE HOSPITAL/SAMARITAN MEDICAL CENTER, Appellant; COMMISSIONER OF LABOR, Respondent. (And Another Related Claim.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided September 23, 1999.


Claimants, both licensed practical nurses, were discharged by the employer, a hospital, for verbally abusing three elderly female patients. It was alleged that claimants yelled at the patients, woke them up to take them to the bathroom and then "herded" them like cattle. Claimants' applications for unemployment insurance benefits were denied and, at the ensuing hearing, the employer produced witnesses who either were not present during the alleged incidents or, in fact, corroborated...

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